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HomeMy WebLinkAbout1986-51 CRA . . . . . RESOLUTION NO. 86-51 A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA AUTHORIZING AND DIRECTING THE CONDEMNATION OF THAT CERTAIN REAL PROPERTY LOCATED AT 3700 W. McFADDEN AVENUE, IN THE CITY OF SANTA ANA FOR REDEVELOPMENT PURPOSES, AND DECLARING THE PUBLIC NECESSITY THEREFOR. WHEREAS, pursuant to the redevelopment plan for the City of Santa Ana North Harbor Boulevard Redevelopment Project, it has become necessary for the Community Redevelopment Agency of the City of Santa Ana to acquire that certain real property located at 3700 W. McFadden Avenue in the City of Santa Ana North Harbor Boulevard Redevelopment Project Area; and WHEREAS, the Agency has made an offer to the owner or owners of record to acquire the property described herein at an amount not less than the Agency's approved appraisal of the fair market value of the property; and WHEREAS, all persons whose names and addresses appear on the last equalized county assessment roll for the property described herein and all whose names appear on the litigation guarantee report for said property were given notice, and an opportunity to be heard, pursuant to Code of Civil Procedure Section l245.235¡ and WHEREAS, a public hearing was held by the Community Redevelopment Agency on those matters set forth in its Notices of Intention to Adopt a Resolution of Necessity and referred to in Section 1240.030, Code of Civil Procedure, which included the following matters: (a) Whether the public interest and necessity require the proposed project; (b) Whether the project is planned and located in the manner that will be compatible with the greatest public good and the least private injury¡ and (c) Whether the property described herein is necessary for the proposed project; and (d) Whether an offer, under Government Code Section 7267.2, has been made to the owner or owners of record. . . . . . . . RESOLUTION NO. 86-51 PAGE TWO NOW, THEREFORE, BE IT RESOLVED by Redevelopment Agency of the City of Santa Ana that determines as follows: the Community it finds and 1. The public use for which the property is to be taken is the redevelopment of a blighted area and the provision for appropriate continuing land use and construction policies within such area. The Agency is specifically authorized by virtue of Health and Safety Code Section 33391 and Section 33342 to take property by condemnation for redevelopment purposes. 2. The property described herein is located within the City of Santa Ana North Harbor Boulevard Redevelopment Project Area and within the "Harbor Drive-In Development Site", as depicted by the map attached hereto as Exhibit "A", and incorporated herein by reference, and is necessary for the proposed project. Said property is more particularly described as set forth in Exhibit "B" attached hereto and incorporated herein by reference. 3. The public interest and necessity require the Harbor Drive-In Development Site as a project implementing the aforesaid redevelopment plan. 4. The Harbor Drive-In Development Site is planned or located in the manner that will be most compatible with the greatest public good and the least private injury. 5. The property hereinabove for the Harbor Drive-In Development Site. described is necessary 6. The offer required by Section 7267.2 of the California Government Code has been made to the owner or owners of record of the property hereinabove described. 7. If the property described herein is appropriated to a public use, the Agency is authorized to acquire it pursuant to Code of Civil Procedure Section 1240.610. BE IT FURTHER RESOLVED that as specific findings of fact in support of paragraphs 1 through 7 hereinabove, the Community Redevelopment Agency adopts, and incorporates herein by reference, the staff report dated September 16, 1986. , " . .' ., . . . . . RESOLUTION NO. 86-51 PAGE THREE BE tT FURTHER RESOLVED that the City Attorney of the City of Santa Ana, or Special Counsel as designated by the Agency, is hereby direct.~ to bring an action in the SUperior Court of the State of California in the name of the Community Redevelopment. Agency of the City of Santa Ana to acquire by eminent domain proceedings, the property described herein for the aforesaid purposes. The City Attorney, and/or Special Counsel, is authorized and instructed to do all things necessary for the acquisition of said property, including the making of application to said court for 'an order fixing the amount of security by way of money deposit as said court may direct and fOr an order permitting the Community ~edevelopment Agency of the City of Santa Ana to take possession and use of said property for the uses and purposes herein described. ADOPTED this' the following votea AYES a 16th September , 1986, by of day NOES a AGENCY MEMBERSaGriset, Hart, Johnson, Luxembourger and McGuigan AGENCY MEMBERSaNone ABSENT a AGENCY MEMBERSaAcosta and Young ~ DANIEL E. GRISET Chairman FORMa . . ...J ¡ N N I.D ~ ~ ~ ~ I I I I I . SUBJECT PROPERTY J f ::t }:. ~ ~ I:) ~ 00' . 'Q) ..... ~ . Exhibit "A" SITE MAP . . . LEGAL DESCRIPTION OF ASSESSOR P:I'.RCEL' NUMBER 144-'262~Ol All that certain real property situated in the State of California, County of Orange, City of Santa Ana, described as follows: . The North Half of the Northwest quarter of the Southwest quarter and the North Half of the West 10 Acres of the Northeast quarter of the Southwest quarter of Section 15, Township 5 South, Range 10 West, in the Rancho Las Bolsas, as shown on a map recorded in Book 51, page 12 of Miscell- aneous Maps, records of Orange County, California. Excepting therefrom, that portion described in that certain deed to the City of Santa Ana, recorded April 12,1960 in Book 5191, page 191 of Official Records of said Orange County. . . EXHIBIT "B"